Child Support Lawyer in San Antonio, TX
Client-Centered Legal Advocacy For The San Antonio Area
Few topics in Texas family law are as emotionally charged and financially significant as child support. Whether you are the custodial parent seeking fair support for your children or the non-custodial parent committed to meeting your obligations, the legal process can feel complex, confusing, and overwhelming.
At The Law Firm of Joseph Lassen, our San Antonio child support lawyer understands the stakes. With over 20 years of experience exclusively practicing family law in Texas, we have guided countless families through the intricacies of child support. Our goal is to ensure your children’s needs are met while protecting your rights and financial stability.
Our commitment is to be both your fierce advocate and your trusted advisor, ensuring your child’s well-being remains the central focus.
Are You Searching for a Child Support Lawyer Near Me?”
Understanding Child Support in San Antonio, Texas
If you are searching for a “child support lawyer near me,” contact our family law firm today. Understanding child support begins with recognizing its foundation. Child support is a court-ordered payment made by one parent to the other to contribute to the financial well-being of their shared minor children. It is not an optional payment; it is a legal obligation and a fundamental right for the child. When you work with our skilled child support lawyer, you gain confidence in navigating this key area of family law.
The Purpose of Child Support
The core philosophy behind child support laws is simple: both parents have an ongoing financial duty to their children, regardless of their marital status or the amount of time they spend with the child. The support payments are intended to ensure the child’s standard of living is maintained as closely as possible. Our goal as your child support lawyer is to clearly establish this obligation and secure a fair result for your family.
Key principles that every child support lawyer emphasizes:
- It’s a Child’s Right: The support belongs to the child, not the receiving parent.
- Duration of Obligation: In Texas, the obligation to pay child support generally lasts until the child turns 18 years old or graduates from high school, whichever occurs later, as specified in the Texas Family Code. However, support can end earlier if the child is legally emancipated (e.g., through marriage or military enlistment) or dies. Conversely, support can be extended indefinitely if the child has a mental or physical disability that requires substantial care and supervision and began before their 18th birthday.
- Non-Negotiable Duty: A parent cannot waive their right to receive support on behalf of the child, nor can a parent voluntarily shirk their duty to pay.
Trust our experience at The Law Firm of Joseph Lassen to be your dependable child support lawyer and advisor.
How is Child Support Calculated in Texas?
Understanding the formula the court uses is important to both setting and reviewing your child support order. Texas follows the “Percentage of Net Resources” Model, which calculates the amount based primarily on the non-custodial parent’s (the ‘Obligor’s’) income only, unlike the Income Shares Model used in many other states. Consult with our child support lawyer at The Law Firm of Joseph Lassen to ensure the calculation is done accurately from the start.
The Official Child Support Calculator and Child Support Guidelines
In Texas, the legislature has adopted official Child Support Guidelines (found in the Texas Family Code) that govern how support is calculated. The system focuses on the financial resources of the non-custodial parent (Obligor). Our skilled child support lawyer will help you understand how these guidelines apply to your unique financial situation.
The calculation is generally a three-step process that our child support lawyer is prepared to challenge or defend:
1. Calculate Gross Income: The court first determines the gross monthly income (or resources) for the Obligor. This includes, but is not limited to: salaries, wages, bonuses, commissions, self-employment income, disability payments, and unemployment benefits.
2. Determine Net Resources: Statutory deductions are then subtracted from the gross income to arrive at the Obligor’s net resources. These deductions include: Social Security taxes, federal and state income tax (based on a single person claiming one personal exemption and the standard deduction), union dues, and the cost of the children’s health insurance.
3. Apply Percentage Guidelines: The court then applies a fixed percentage to the Obligor’s net resources, based on the number of children before the court, up to a statutory cap (As of September 1, 2025, it is $11.700/month in net resources, though this figure is periodically adjusted).
- 1 Child: 20% of net resources
- 2 Children: 25% of net resources
- 3 Children: 30% of net resources
- 4 Children: 35% of net resources
- 5 Children: 40% of net resources
(The percentages are adjusted slightly if the Obligor has other children in a separate household for whom they have a duty to support.)
What Income is Used to Calculate Child Support in Texas?
The definition of income for child support purposes is often broader than what you might consider “wages.” At The Law Firm of Joseph Lassen, our experienced child support lawyer will conduct thorough discovery to ensure all sources of income are accurately included.
Income components typically include:
- Wages, salaries, tips, and commissions.
- Self-employment business income (gross receipts minus ordinary and necessary business expenses).
- Rental income.
- Retirement benefits and pensions.
- Social Security and VA benefits (in some cases).
- Disability and unemployment compensation.
- Alimony received from a prior relationship.
Courts can also impute income to a parent who is voluntarily unemployed or underemployed. This means the court determines what that parent could be earning based on their education, experience, and local job market, and uses that hypothetical income for the calculation. Successfully arguing for or against imputed income in your child support case requires deep legal expertise. At The Law Firm of Joseph Lassen, our skilled child support lawyer is essential for this complex, high-stakes process.
Adjustments and Deviations from Texas Child Support Guidelines
While the guidelines provide a mandatory starting point, the final order can include adjustments or, in rare cases, a deviation from the guidelines amount. Our dedicated child support lawyer can present the necessary evidence to request or oppose such a deviation.
Common mandatory add-ons and adjustments include:
- Health Insurance Premiums: The cost of the child’s portion of the monthly health insurance premium is typically added to the basic obligation and credited to the parent who pays it.
- Child Care Costs: Reasonable and necessary work-related or education-related childcare expenses are often added and split between the parents proportionally to their income.
- Extraordinary Expenses: Costs like specialized education, significant unreimbursed medical expenses, or extracurricular activities are often addressed and allocated.
A deviation (ordering an amount different from the guidelines) is only permitted if the court finds that applying the guidelines would be “unjust or inappropriate” based on specific facts, such as:
- The child has independent income.
- A parent has extraordinary travel expenses for visitation.
- The child has special needs requiring extra care.
- One parent’s financial resources are significantly greater than the guidelines account for.
What Does Child Support Cover? A Detailed Breakdown
A common misconception is that child support only covers food and clothing. In reality, a child support payment is a comprehensive contribution to the child’s basic needs and standard of living. If you have questions about the scope of your order, our child support attorney can provide clarity.
The Basic Child Support Obligation is generally presumed to cover the receiving parent’s contributions toward:
- Housing: A portion of the rent or mortgage, utilities, and household maintenance costs.
- Food: Groceries and meals.
- Clothing: Outfitting the child for all seasons and activities.
- Transportation: Costs associated with driving the child, including gas, car maintenance, and insurance.
- Incidentals: Small household goods, personal hygiene items, and minor entertainment.
Note: Health insurance premiums and work-related childcare are typically calculated separately from the basic support amount. The court order should also clearly specify how unreimbursed medical and dental expenses (deductibles, co-pays, prescription costs) will be divided between the parents, often proportional to their incomes.
When parents ask, “what does child support cover?”, the best answer is that it covers the bulk of the ongoing costs to raise the child in the receiving parent’s home. It is not typically a fund for every expense; the paying parent is expected to continue paying for the child’s needs while the child is in their care. For specific guidance on your case, contact our experienced San Antonio child support attorney at The Law Firm of Joseph Lassen.
Are You Searching for a Child Support Attorney Near Me?”
Establishing a Child Support Order
Whether you are going through a San Antonio divorce, legally separating, or were never married, a formal court order is necessary to establish and enforce child support.
The process includes:
1. Filing a Petition: A parent must file a petition with the appropriate court—either as part of a divorce/paternity action or a standalone child support case (often through the Office of the Attorney General, or OAG).
2. Financial Disclosure: Both parents are required to submit comprehensive financial affidavits, listing all income, expenses, assets, and debts. Accuracy is paramount here; misrepresentation can lead to serious sanctions.
3. Mediation/Negotiation: Texas courts heavily favor mediation to reach an agreement on support, custody, and visitation.
4. Court Hearing: If an agreement cannot be reached, the issue is resolved at a court hearing where a judge reviews the financial evidence and applies the child support guidelines.
5. Issuing the Order: The court issues a formal child support order detailing the payment amount, frequency, duration, allocation of expenses, and method of payment (almost always through the Texas State Disbursement Unit (SDU) via wage withholding).
Child Support Enforcement: Securing the Payments Your Child Needs
If a parent fails to make court-ordered payments, the receiving parent is not without recourse. Enforcing a child support order can be complex, but several powerful tools are available. When payments stop, the first call should be to our dedicated San Antonio child support lawyer at The Law Firm of Joseph Lassen.
How to Enforce a Child Support Order
The process for how to enforce a child support order usually begins with filing a Motion for Contempt or Enforcement with the court. Our experienced child support attorney San Antonio residents trusts at The Law Firm of Joseph Lassen can guide you through this legal action.
Common enforcement mechanisms available in Texas include:
- Income Withholding (Wage Garnishment): The most common and effective tool. An order is sent to the paying parent’s employer, requiring the employer to deduct the support payment directly from the paycheck and forward it to the state disbursement unit.
- Liens and Seizure: Placing liens on real property (house, land) or personal property (bank accounts, vehicles) that can be seized and sold to satisfy the arrearage (past-due support).
- Contempt of Court: A judge can find a non-paying parent in civil or criminal contempt. Civil contempt can result in jail time until the payment is made.
- License Suspension: Suspending the parent’s driver’s license, professional licenses, or recreational licenses (e.g., hunting/fishing).
- Passport Denial: For very large arrearages, the U.S. State Department may deny a passport application.
- Tax Refund Intercept: State and federal income tax refunds can be intercepted to cover past-due support.
As your Texas child support attorney, we act swiftly to initiate enforcement actions, ensuring your child receives the financial stability they are entitled to.
Modify Child Support: When Circumstances Change
A child support order is not set in stone. Life circumstances change, and Texas law acknowledges that the original order may become unfair or insufficient over time. If your circumstances have changed dramatically, you need to consult with our San Antonio child support lawyer from The Law Firm of Joseph Lassen immediately.
Can You Modify Child Support Payments?
Yes, but only under specific legal conditions. To successfully modify child support in Texas, you must demonstrate a substantial and material change in circumstances since the last order was entered. Having a child support attorney San Antonio residents rely on from The Law Firm of Joseph Lassen will help you gather the necessary evidence.
Examples of qualifying changes include:
- A significant increase or decrease in either parent’s income (often a statutory percentage).
- A major change in the possession or access schedule (custody arrangement).
- It has been three years since the last order was signed, AND the current amount of support varies by $20\%$ or $\$100$ from the amount that would be ordered under the current guidelines.
- A parent has another child (which affects the Obligor’s guideline percentage).
- Incarceration of a parent (though this is complex and highly scrutinized).
The Child Support Modification Process
- Filing a Petition to Modify: A formal petition must be filed with the court outlining the specific changes and the requested new support amount.
- Exchange of Updated Financial Documents: Both parties must provide current income and expense information.
- Recalculation: The court will apply the current child support calculator and guidelines to the new financial data.
- New Order: If the modification is approved, a new order is issued, and the new payment amount takes effect from the date the modification petition was filed, not the date of the hearing. This is why seeking a modification promptly is crucial.
Note: You cannot unilaterally decide to pay less if your income drops. You must obtain a new court order, or you will accumulate arrearages and face enforcement actions. Do not delay—contact our San Antonio child support lawyer at The Law Firm of Joseph Lassen as soon as your financial or family situation changes.
Frequently Asked Questions (FAQ)
In Texas, the obligation typically lasts until the child turns 18 or graduates from high school, whichever occurs later, or until the child is legally emancipated. Support may be ordered indefinitely if the child is disabled and requires continued care and supervision.
Yes. Your obligation to pay for child support continues, and you will accumulate arrearages. It is critical to immediately file a Motion to Modify Child Support with the court when you lose your job. The court will not retroactively lower payments for the period before you filed the motion.
Retroactive child support refers to a payment obligation set by a court to cover a period before a formal child support order was put in place. This typically occurs in cases where parents were never married or did not seek a support order right after separating. The purpose is to reimburse the parent who solely covered the child’s expenses (like food, housing, and medical care) during the prior period. In Texas, the court generally presumes that ordering retroactive support for the four years preceding the filing of the petition is reasonable, though a judge has the discretion to go back further if the paying parent knowingly avoided their obligation.
The basic child support obligation generally does not include college tuition and room/board. Texas law does not permit a judge to order support for college tuition unless the parents agree to it in a mediated or negotiated settlement.
Absolutely not. The law explicitly separates the issues of custody/visitation and child support. Texas Family Code § 154.011 specifically prohibits making child support payments conditional on visitation rights. A parent cannot withhold support to punish the other parent for denying visitation, and a parent cannot deny visitation because the other parent is behind on support. Both situations are a violation of a court order and require separate legal action.
A skilled child support attorney can use various discovery tools (subpoenas, depositions, forensic accounting) to uncover hidden or unearned income. The court is also permitted to impute income based on a parent’s ability to earn, even if they are intentionally concealing their actual earnings.
The Law Firm of Joseph Lassen
Contact Us for a Free Consultation with a Family Law Attorney!
Child support is more than just a number; it is a critical component of your child’s future well-being. Whether you need to establish an initial order, require powerful child support enforcement, or are facing a substantial change that requires you to modify child support, the stakes are too high to navigate the legal system alone. Securing the representation of a skilled San Antonio child support attorney is the most important step you can take.
At The Law Firm of Joseph Lassen, we offer the experience, expertise, and empathy necessary to protect your family and your finances. We know the Texas child support laws inside and out and are ready to provide the clear counsel and aggressive representation you deserve.
Don’t leave your child’s financial security to chance. Call us today or fill out our online contact form to schedule a confidential, free consultation with our experienced San Antonio child support lawyer.